The respondent was convicted of impaired driving and refusal to provide a breath sample arising from the same incident.
Three years later, he was convicted of driving while legally intoxicated and sentenced as a third-time offender.
The Court of Appeal reduced the sentence to that of a second offence.
The Supreme Court of Canada dismissed the Crown's appeal, applying the common law Coke principle that multiple convictions arising from the same incident and entered at the same time count as a single conviction for the purpose of imposing increased mandatory minimum penalties for subsequent offences.
